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4.7.1.1 Spontaneous. A levée en masse is a spontaneous uprising in whichmembers have not had time to form into regular armed units. 175 Thus, unlike other categories oflawful combatants, persons who join a levée en masse need not wear a distinctive sign nor beorganized under a responsible command. The spontaneity of their response generally precludestheir being able to take such measures.4.7.1.2 Inhabitants. A levée en masse is understood to reflect the right ofinhabitants to resist approaching enemy forces. Non-inhabitants who travel to a territory to resistinvading forces would not be entitled to participate in a levée en masse. 1764.7.1.3 Approach of the Enemy to Non-Occupied Territory. A levée en massemay only be formed on the approach of the enemy to non-occupied territory. Once thebelligerent has established an occupation, the local population should comply with the orders ofthe occupation force, and a levée en masse may not be formed. 177 Similarly, even before theestablishment of an occupation, inhabitants of areas that have already been invaded may notform a levée en masse. 178By contrast, members of an organized resistance movement under Article 4A(2) of theGPW may operate as combatants in or outside their own territory, even if this territory isoccupied. 1794.7.2 Levée en Masse – Discerning Participants. Should some inhabitants form a levée enmasse to defend an area, it may be justifiable for the invading force to detain all persons ofmilitary age in that area and treat them as POWs. 180 Even if an inhabitant who joined orparticipated in the levée en masse lays down arms, if he or she is later captured, he or she may be175 See GREENSPAN, MODERN LAW OF LAND WARFARE 63 (“the essence of a levée en masse is that it isunorganized.”).176 Compare § 10.3.2.1 (“Find Themselves”).177 Refer to § 11.7.1 (Inhabitants’ Obedience to the Occupying Power).178 See LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW 258 (§81) (“Article 2 [of the HAGUE IV REG.]distinctly speaks of the approach of the enemy, and thereby sanctions only such a levy en masse as takes place interritory not yet invaded by the enemy. Once the territory is invaded, although the invasion has not yet ripened intooccupation, a levy en masse is no longer legitimate. But, of course, the term territory, as used by Article 2, is notintended to mean the whole extent of the State of a belligerent, but only such parts of it as are not yet invaded. Forthis reason, if a town is already invaded, but not a neighbouring town, the inhabitants of the latter may, on theapproach of the enemy, legitimately rise en masse.”).179 Refer to § 4.6 (Other Militia and Volunteer Corps).180 1956 FM 27-10 (Change No. 1 1976) 65 (“Should some inhabitants of a locality thus take part in its defense, itmight be justifiable to treat all the males of military age as prisoners of war.”); 1958 UK MANUAL 100 (“Where themajority of inhabitants of a locality have taken part in its defence in circumstances amounting to a levée en masse, itis justifiable and probably advisable to treat all the male inhabitants of military age as prisoners of war, leaving it tothe individual concerned to claim that they took no part in the levée en masse or defence of the locality.”).126